People v. Wolff

(to reverse and remand). I agree with the reasoning of my Brother T. G. Kavanagh that the original guilty plea of April 7th was in fact properly "accepted”.

But, regardless of whether MCLA 768.35; MSA 28.1058 is or is not mandatory, as my Sister Mary S. Coleman holds, its provisions are not satisfied in the instant case. The statute provides that a guilty plea shall be vacated when the trial judge "shall have reason to doubt the truth” of such plea. (Emphasis added.) No valid reason is shown in the transcript of the proceedings of May 8, 1969.

The only additional data presented to the trial…